Australian Capital Territory
Dangerous Goods (Road Transport) Act2009
A2009-34
Republication No 1 (RI)
Effective: 2 April 2010
Republication date: 2 April 2010
Reissued: 6 April 2010 for republication correction
Act not amended
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Dangerous Goods (Road Transport) Act2009 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))as in force on 2 April 2010. It also includes any amendment, repeal or expiry affecting the republished law to 2 April 2010.
The legislation history and amendment history of the republished law are set out in endnotes 3 and4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at
- authorised republications to which the Legislation Act 2001 applies
- unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol Mappears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
Authorised by the ACT Parliamentary Counsel—also accessible at
ContentsPage
Australian Capital Territory
Dangerous Goods (Road Transport) Act2009
Contents
Page
Chapter 1Preliminary
Part 1.1Introduction
1Name of Act
3Dictionary
4Notes
5Offences against Act—application of Criminal Code etc
6Purpose of Act
7Application of Act
8Inconsistency with other laws
Part 1.2Important concepts
9Meaning of compliance purposes
10Meaning of consigns and consignor
11Meaning of packaging
12Meaning of packs and packer
13Meaning of loads and loader
14Meaning of operator
15Meaning of qualified to drive vehicle or run engine
16Meaning of fit to drive vehicle or run engine
17Meaning of authorised to drive or run engine
18Meaning of unattended vehicle
19Meaning of broken-down vehicle or trailer
Chapter 2Competent authorities and authorised people
Part 2.1Competent authorities
20Competent authorities
21Competent authority may delegate functions
22Competent authority may give information to corresponding authority
Part 2.2Authorised people
23Authorised people
24Identity cards
25Production of identity cards
26Reciprocal powers agreements
27Reciprocal powers agreements—functions
Chapter 3Road transport
Part 3.1Offences—licensing, safety and insurance obligations
28Offences—licensing of vehicles transporting dangerous goods
29Offences—licensing of drivers transporting dangerous goods
30Offences—goods too dangerous to be transported
31Offence—s 30 conduct causing death or serious injury
32Alternative verdicts—s 30 conduct causing death or serious injury
33Offences—transport of dangerous goods
34Offence—s 33 conduct causing death or serious injury
35Alternative verdicts—s 33 conduct causing death or serious injury
36Offence—vehicle not insured or approved—owner
37Offence—vehicle not insured or approved—prime contractor
Part 3.2General powers—pt 3.2 vehicles and drivers
Division 3.2.1Preliminary
38Application—pt 3.2
Division 3.2.2Directions in relation to pt 3.2 vehicles
39Direction to stop pt 3.2 vehicle
40Offence—fail to comply with direction to stop pt 3.2 vehicle
41Direction to move pt 3.2 vehicle
42Offence—fail to comply with direction to move pt 3.2 vehicle
43Direction to produce document etc
44Offence—fail to comply with direction to produce document
45Direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction
46Offence—fail to comply with direction to move pt 3.2 vehicle—dangerous situation, harm or obstruction
47Direction to leave pt 3.2 vehicle
48Offence—fail to comply with direction to leave pt 3.2 vehicle
49Direction in relation to immobilised pt 3.2 vehicle
50Offence—fail to comply with direction in relation to immobilised pt 3.2 vehicle
51Direction in relation to pt 3.2 vehicle—dangerous situation
52Offence—fail to comply with direction in relation to pt 3.2 vehicle—dangerous situation
Division 3.2.3Other powers in relation to pt 3.2 vehicles
53Moving unattended pt 3.2 vehicle—exercise other functions
54Moving unattended and broken-down pt 3.2 vehicles—dangerous situation or obstruction
55Moving unattended and broken-down pt 3.2 vehicles—harm or obstruction—driver need not be qualified or licensed
56Driving pt 3.2 vehicles—div 3.2.3—driver need not be authorised
Part 3.3Directions to give name, records and other things
57Direction to give name and other personal details
58Offence—fail to comply with direction to give name and other personal details
59Direction to produce record, device or other thing
60Offence—fail to comply with direction to produce record, device or other thing
61Direction to give information
62Offence—fail to comply with direction to give information
Part 3.4Provisions about directions
63How direction may be given
64Direction to state time for compliance
65Amendment or cancellation of direction
66Direction may be given under more than 1 provision
67Protection from incrimination
Part 3.5Enforcement
Division 3.5.1Definitions—pt 3.5
68Definitions—pt 3.5
Division 3.5.2Powers of authorised people in relation to pt 3.2 vehicles
69Application—div 3.5.2
70Power of authorised people to enter and inspect pt 3.2 vehicles
71Power of authorised people to enter and search pt 3.2 vehicles
Division 3.5.3General powers of authorised people
72Power to enter premises and vehicles
73Production of identity card
74Consent to entry
75General powers on entry to premises and vehicles
76Direction to give assistance
77Offence—fail to comply with direction to give assistance
78Use of assistants and equipment
79Use of equipment to examine and process things
80Use and seizure of electronic equipment
81Power to seize things
82Removal of seized thing
83Receipt for seized thing
84Power to destroy unsafe thing
Division 3.5.4Embargo notices
85Embargo notices
86Offence—fail to comply with embargo notice
87Offence—fail to prevent someone else doing something forbidden by embargo notice
88Revocation of embargo notice
Division 3.5.5Search warrants
89Warrants generally
90Warrants—application made other than in person
91Warrants—issue on application made other than in person
92Warrants—announcement before entry
93Details of warrant to be given to occupier etc
94Occupier entitled to observe search etc
95Moving things to another place for examination or processing under warrant
Division 3.5.6Dealing with seized things
96Meaning of responsible person—div 3.5.6
97Access to seized thing
98Return of seized thing
99Circumstances—s 98
100Application for order disallowing seizure
101Order disallowing seizure
102Forfeiture of seized thing
103Cost of disposal of forfeited thing
Division 3.5.7Enforcement—miscellaneous
104Sample-taking procedure
105Damage etc to be minimised
106Restoring vehicle, premises etc to original condition after action taken
107Compensation for exercise of enforcement powers
Part 3.6General administrative penalties
Division 3.6.1Improvement notices
108Definitions—div 3.6.1
109Improvement notices
110Extensions of date or time to comply with improvement notices
111Offence—fail to comply with improvement notice
112Amendment of improvement notices
113Cancellation of improvement notices
114Clearance certificates
Division 3.6.2Formal warnings
115Definitions—div 3.6.2
116Formal warnings
117Withdrawal of formal warnings
Part 3.7Prohibition notices
118Meaning of dangerous activity—pt 3.7
119Prohibition notices—general
120Oral direction may be given before prohibition notice
121Offence—fail to comply with oral direction
122Prohibition notices—content
123Offence—fail to comply with prohibition notice
124Amendment of prohibition notices
125Withdrawal of prohibition notices
126Proceeding for offence not affected by prohibition notice
Part 3.8General court-based penalties
Division 3.8.1Preliminary
127Meaning of associate—pt 3.8
128Orders under pt 3.8—general
Division 3.8.2Commercial benefits penalty orders
129Commercial benefits penalty orders
130Commercial benefits penalty orders—estimating gross commercial benefit
Division 3.8.3Licensing and registration penalties
131Penalties involving licences
132Penalties involving vehicle registration
Division 3.8.4Supervisory intervention orders
133Supervisory intervention orders
134Supervisory intervention orders—compliance reports
135Supervisory intervention orders—amendment and revocation
136Offence—fail to comply with supervisory intervention order
Division 3.8.5Exclusion orders
137Exclusion orders
138Exclusion orders—amendment and revocation
139Offence—fail to comply with exclusion order
Division 3.8.6Forfeiture orders
140Forfeiture
Part 3.9Compensation orders
Division 3.9.1Definitions—pt 3.9
141Definitions—pt 3.9
Division 3.9.2Roads compensation orders for damage to road infrastructure
142Roads compensation orders—making
143Roads compensation orders—application
144Roads compensation orders—assessment
145Roads compensation orders—certificates
146Roads compensation orders—limits on amount
Division 3.9.3Costs and recovery
147Compensation orders—costs
148Compensation orders—enforcement
149Compensation orders—other orders and awards
Part 3.10Exemptions
150Meaning of exemption
151Exemptions by competent authorities—general
152Offence—fail to comply with exemption condition
153Offence—fail to keep copy of notice in premises or vehicle
154Exemption—competent authority to tell other competent authorities
155Amendment and cancellation of exemptions and conditions
156Declaration by Minister—amend or suspend regulation’s operation
Part 3.11General liability and evidentiary provisions
Division 3.11.1Liability for offences
157Criminal liability of executive officers of corporations
158Offence—partners etc taken to have committed offences of other partners
159Offence—managers etc of unincorporated associations taken to have committed offences of other managers etc
Division 3.11.2General exceptions to offences
160Exception for owners and operators
161Exception if complying with direction
Division 3.11.3General evidentiary provisions
162Acts and omissions of representatives
163Evidence—certificate signed by authorised person
164Evidence—certain documents signed by competent authority
165Evidence—mass of vehicle or packaging
166Proof of appointments unnecessary
167Evidence—transport documentation
168Use of codes of practice etc in proceedings
Chapter 4Notification and review of decisions
169Definitions—ch 4
170Internal review notices
171Applications for internal review
172Applications not stay internally reviewable decisions
173Internal reviewer
174Review by internal reviewer
175Reviewable decision notices
176Applications for review
Chapter 5Miscellaneous
Part 5.1Secrecy and information sharing
177Definitions—pt 5.1
178Secrecy
179Information sharing guidelines
180Offence—information not to be used for other purposes
181Competent authority may give seized records etc to public authorities
Part 5.2Indemnities
182Protection from liability
183Indemnity not affected by certain matters
184Other indemnities not affected
Part 5.3Victimisation of people for reporting breaches and assisting with investigations
185Definitions—pt 5.3
186Offence—victimisation of employees for reporting breaches or assisting with investigations
187Offence—victimisation of prospective employees for reporting breaches or assisting with investigations
188Victimisation offences—order for compensation
189Victimisation offences—order for re-employment etc
190Offence—fail to comply with employment order
Part 5.4Other miscellaneous provisions
191Contracting out prohibited
192Assistance in emergencies or accidents
193Delegation by Minister—limitation
194Determination of fees
195Approved forms
Part 5.5Regulations
196Regulation-making power
197Regulations—certain specific matters
198Regulations—things used in the transport of dangerous goods
199Regulations—competent and corresponding authorities etc
200Regulations—accreditation and training etc
201Regulations—stated entities
202Regulations—application etc of laws of other jurisdictions and instruments
Chapter 10Transitional
500Definitions—ch 10
501Transitional—offences
502Transitional—notice to remedy contravention
503Transitional—notice to eliminate or minimise danger
504Transitional regulations
505Transitional effect—Legislation Act, s 88
506Expiry—ch 10
Dictionary
Endnotes
1About the endnotes
2Abbreviation key
3Legislation history
4Amendment history
R1 (RI)06/04/10 / Dangerous Goods (Road Transport) Act2009
Effective: 02/04/10 / contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Preliminary / Chapter 1Important concepts / Part 1.2
Section12
Australian Capital Territory
Dangerous Goods (Road Transport) Act2009
An Act to make provision for safety in the transport of dangerous goods by road as part of the system of nationally consistent road transport laws, and for other purposes
Chapter 1Preliminary
Part 1.1Introduction
1Name of Act
This Act is the Dangerous Goods (Road Transport) Act 2009.
3Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘vehicle’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s155 and s156(1)).
4Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127(1), (4) and (5) for the legal status of notes.
5Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (egconduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
6Purpose of Act
The purpose of this Act is to regulate the transport of dangerous goods by roadin order to—
(a)promote public safety; and
(b)protect property and the environment.
7Application of Act
This Act does not apply to—
(a)dangerous goods that are, or form part of, a person’s personal safety equipment in a vehicle transporting dangerous goods; and
(b)dangerous goods that are in a container that is designed to form part of, and forms part of, the fuel or battery system of a vehicle’s engine, auxiliary engine, fuel burning appliance or other part of a vehicle’s propulsion equipment.
8Inconsistency with other laws
(1)If this Act is inconsistent with a dangerous goods law, the dangerous goods law prevails.
(2)If this Act is inconsistent with the Radiation Protection Act 2006, that Act prevails.
(3)In this section:
dangerous goods law means a law in force in the ACT that—
(a)relates to the storage and handling of dangerous goods; but
(b)does not relate to the transport of dangerous goods by road.
Part 1.2Importantconcepts
9Meaning of compliance purposes
(1)For this Act, a function is exercised for compliance purposes if the function is exercised to—
(a)find out whether this Act is being complied with; or
(b)investigate an offence, or suspected offence,against this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)To remove any doubt, a function may be exercised for compliance purposes even if the function is also exercised for 1 or more other purposes.
10Meaning of consigns and consignor
(1)For this Act, a person consigns goods for transport, and is the consignor of the goods, if—
(a)subsection (2) applies to the person; or
(b)subsection (2) does not apply to the person or anyone else, but subsection (3) applies to the person; or
(c)subsections (2) and (3) do not apply to the person or anyone else, but subsection (4) applies to the person.
(2)This subsection applies to a person who, with the person’s authority, is named or otherwise identified in transport documentation as the consignor of the goods.
(3)This subsection applies to a person who—
(a)engages a prime contractor, either directly or through an agent or other intermediary, to transport the goods; or
(b)if paragraph (a) does not apply—has possession of, or control over, the goods immediately before the goods are transported; or
(c)if neither paragraph (a) nor (b) applies—loads a vehicle with the goods, for transport, at a place—
(i)where dangerous goods are awaiting collection; and
(ii)that is unattended (except by the driver) during loading.
(4)This subsection applies to a person if—
(a)the goods are imported into Australia; and
(b)the person is the importer of the goods.
(5)For this section, the driver ofa vehicle that is a trailer, and is not connected (either directly or by 1 or more other trailers) to a towing vehicle, is the driver of the towing vehicle of the combination to which the trailer was, or apparently was, last connected.
11Meaning of packaging
For this Act, packaging, in relation to goods, is anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported, and includes anything declared by regulation to be packaging.
Note 1It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which dangerous goods are directly placed.
Note 2Unlike in United Nations publications relating to the transport of dangerous goods, the term packagingis defined in this Act in accordance with its ordinary meaning.
12Meaning of packs and packer
For this Act, a person packs goods for transport, and is a packer of the goods, if the person—
(a)puts the goods in packaging (even if that packaging is already in a vehicle); or
(b)assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than 1 package (even if that packaging is already in a vehicle); or
(c)supervises an activity mentioned in paragraph (a) or (b); or
(d)manages or controls an activity mentioned in paragraph (a), (b) or (c).
Example
A person who uses a hose to fill thetank of a tank vehicle with petrol packs the petrol for transport for this Act.
Note 1Tank vehicle—see the dictionary.
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s126 and s 132).
13Meaning of loads and loader
(1)For this Act, a person loads goods for transport, and is a loader of the goods, if the person—
(a)loads 1 or more packages of the goods in a vehicle; or
(b)places or secures 1 or more packages of the goods in a vehicle; or
(c)supervises an activity mentioned in paragraph (a) or (b); or
(d)manages or controls an activity mentioned in paragraph (a), (b) or (c).
(2)Subsection (1) does not apply to—
(a)the loading of goods into packaging that is already in a vehicle; or
(b)the placing or securing of packages in or on further packaging that is already in a vehicle.
14Meaning of operator
(1)For this Act, a person is an operator of a vehicle if—
(a)for a vehicle (including a vehicle in a group of vehicles that are physically connected)—the person is responsible for controlling or directing the operations of the vehicle; or
(b)for a group of vehicles that are physically connected—the person is responsible for controlling or directing the operations of the towing vehicle in the group.
(2)Aperson is not an operatorof a vehicleonly because the person owns thevehicle or does any or all of the following:
(a)drives thevehicle;
(b)maintains or arranges for the maintenance of thevehicle;
(c)arranges for the registration of thevehicle.
15Meaning of qualified to drive vehicleor run engine
For this Act, a person is qualified to drive a vehicle, or run its engine, if the person—
(a)holds a driver licence of the appropriate class to drive the vehicle and the driver licence is not suspended; and
(b)is not prevented under a law from driving the vehicle at the relevant time.
Example—law preventing person from driving
condition of the person’s licence that the person not drive the vehicle
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s126 and s 132).
16Meaning of fit to drive vehicleor run engine
For this Act, a person is fit to drive a vehicle, or run its engine, if the person—
(a)is apparently physically and mentally fit to drive the vehicle; and
(b)without limiting paragraph(a), is apparently not affected by alcohol or a drug that affects the person’s fitness to drive; and
(c)is not,at the relevant time, found to have a concentration of alcohol in the person’s blood that exceeds the amount permitted by an ACT law.
17Meaning of authorised to drive or run engine
(1)For this Act, a person is authorised to drive a vehicle if the person—
(a)is the operator of the vehicle; or
(b)has the authority of the operator of the vehicle to drive the vehicle.
(2)For this Act, a person is authorised to run the engine of a vehicle if the person—
(a)is the operator of the vehicle; or
(b)has the authority of the operator of the vehicle to drive the vehicle or run its engine.